The Board of Supervisors meeting on September 14, 2021, addressed a variety of critical issues facing San Francisco. Key agenda items included adopting ordinances related to eviction protections for commercial tenants impacted by COVID-19, implementing regulations for construction and demolition debris recovery, and prohibiting "ghost guns." The Board also approved multiple grant allocations aimed at improving port security, supporting the District Attorney's office, and expanding housing opportunities. Additional topics of discussion included lease agreements at Harvey Milk Terminal 1, the reorganization of the Planning Department, and concerns raised by the public regarding homelessness, public safety, and accessibility of city services. An emergency ordinance to extend COVID tenant protections was introduced, and discussion about the Light Rail Vehicle program was continued.
Consent Agenda
The board approved eviction protections for commercial tenants impacted by COVID-19.
The Board of Supervisors approved Ordinance No. 148-21, sponsored by Supervisor Safai and others, amending the Administrative Code to revise eviction protections for commercial tenants struggling with unpaid rent due to COVID-19. The revisions create a six-month forbearance period for tenants with 50 to 99 full-time employees and authorize the Office of Economic and Workforce Development to develop incentive programs to encourage repayment plans between landlords and tenants.
Consent Agenda
The board approved updates to construction and demolition debris recovery regulations.
The Board of Supervisors approved Ordinance No. 144-21, sponsored by Supervisor Safai and others, amending the Environment, Public Works, Health, and Administrative Codes to update regulations on construction and demolition debris recovery. The changes require transporters to obtain permits for each vehicle and debris box, update registration conditions for processing facilities, and increase the required recovery rate for full demolition projects from 65% to 75%. The Director is authorized to impose penalties for violations.
Consent Agenda
The board approved a prohibition on "ghost guns" by amending the Police Code.
The Board of Supervisors approved Ordinance No. 145-21, sponsored by Supervisor Stefani and others, amending the Police Code to prohibit the possession, sale, transfer, purchase, transport, receipt, or manufacture of unfinished firearm frames or receivers without serial numbers ("ghost guns"). The ordinance includes exceptions for licensed manufacturers or importers.
Consent Agenda
The board approved changes to the Committee on Information Technology's composition.
The Board of Supervisors approved Ordinance No. 147-21, sponsored by President Walton and others, amending the Administrative Code to add the Clerk of the Board of Supervisors and the Executive Director of the Human Rights Commission as permanent members of the Committee on Information Technology (COIT).
Unfinished Business
The board adopted a resolution to accept and expend a grant for Port Security upgrades.
The Board of Supervisors adopted Resolution No. 420-21, sponsored by the Mayor, retroactively authorizing the Police Department to accept and expend a $1,161,830 grant from the Department of Homeland Security Federal Emergency Management Agency (FEMA) for the FY2020 Port Security Grant Program. The funds will be used to upgrade the existing 3D Sonar System, purchase a Vessel Mounted Thermal Camera System, train members on Advanced Underwater Remotely Operated Vehicle (ROV) Operations, refurbish and perform safety upgrades on the existing response vessel, and purchase a new response vessel. The grant covers the period from September 1, 2020, through August 31, 2023, and waives indirect costs.
Unfinished Business
The board approved expanding vote-by-mail for exclusively municipal elections.
The Board of Supervisors approved Ordinance No. 146-21, sponsored by Supervisor Safai, amending the Municipal Elections Code to require the Department of Elections to expand the use of vote-by-mail ballots in exclusively municipal elections and encourage further use of vote-by-mail ballots in all elections.
New Business
The board passed on first reading an ordinance to accept a MacArthur Foundation grant for the District Attorney's office and amend the salary ordinance.
The Board of Supervisors passed on first reading an ordinance (File No. 210742), sponsored by Supervisor Ronen, retroactively authorizing the Office of the District Attorney to accept and expend a $2,000,000 grant from the John D. and Catherine T. MacArthur Foundation to support San Francisco’s participation as an implementation site in the Safety and Justice Challenge. The ordinance also amends the Annual Salary Ordinance to add one grant-funded Principal Administrative Analyst position at the Office of the District Attorney for the period of January 1, 2021, through December 31, 2022.
New Business
The board passed on first reading an ordinance to accept a Justice Department grant for the District Attorney's office and amend the salary ordinance.
The Board of Supervisors passed on first reading an ordinance (File No. 210743), sponsored by President Walton, retroactively authorizing the Office of the District Attorney to accept and expend a $1,000,000 grant from the U.S. Department of Justice to fund the Justice Reinvestment Initiative. The ordinance also amends the Annual Salary Ordinance to add two grant-funded Victim/Witness Investigator III positions in the Office of the District Attorney for the period of October 1, 2020, through September 30, 2023.
New Business
The board passed on first reading an ordinance to revise business and tax regulations.
The Board of Supervisors passed on first reading an ordinance (File No. 210828) amending the Business and Tax Regulations Code to revise its common administrative provisions and other provisions to implement Proposition F amending the gross receipts tax and repealing the payroll expense tax and Proposition L imposing the overpaid executive gross receipts tax, approved at the November 3, 2020, election, and make clarifying and other nonsubstantive changes.
New Business
The board adopted a resolution to approve a lease agreement with Green Apple Books for a retail concession at Harvey Milk Terminal 1.
The Board of Supervisors adopted Resolution No. 413-21 approving a lease agreement (Lease No. 20-0047) between HG SFO Retailers 2017 JV, dba Green Apple Books, and the City and County of San Francisco, acting through its Airport Commission, for a retail concession at Harvey Milk Terminal 1. The term is twelve years with a minimum annual guarantee of $460,000 for the first year.
New Business
The board adopted a resolution to approve a lease agreement with Johnston & Murphy for a retail concession at Harvey Milk Terminal 1.
The Board of Supervisors adopted Resolution No. 415-21 approving a lease agreement (Lease No. 20-0046) between Genesco Partners Joint Ventures #11, dba Johnston & Murphy, and the City and County of San Francisco, acting through its Airport Commission, for a retail concession at Harvey Milk Terminal 1. The term is 12 years with a minimum annual guarantee of $365,000 for the first year.
New Business
The board adopted a resolution to approve a lease agreement with Culinary Heights Hospitality for a food and beverage concession at Harvey Milk Terminal 1.
The Board of Supervisors adopted Resolution No. 416-21 approving a lease agreement (Lease No. 20-0043) between Culinary Heights Hospitality and the City and County of San Francisco, acting through its Airport Commission, for a food and beverage concession at Harvey Milk Terminal 1. The term is 12 years with one two-year option to extend, and a minimum annual guarantee of $385,000 for the first year.
New Business
The board adopted a resolution to approve a lease agreement with ProperFood SFO Airport, LLC for a food and beverage concession at Harvey Milk Terminal 1.
The Board of Supervisors adopted Resolution No. 417-21 approving a lease agreement (Lease No. 20-0041) between ProperFood SFO Airport, LLC, and the City and County of San Francisco, acting through its Airport Commission, for a food and beverage concession at Harvey Milk Terminal 1. The term is 12 years with one two-year option to extend, and a minimum annual guarantee of $275,000 for the first year.
New Business
The board adopted a resolution to approve a contract modification with Vanderlande Industries Inc. for airport maintenance.
The Board of Supervisors adopted Resolution No. 418-21 approving Modification No. 3 to Airport Contract No. 50030.01 with Vanderlande Industries Inc. The modification increases the contract amount by $3,862,816, for a new total of $16,610,647, to operate, maintain, and repair Airport-owned passenger boarding bridges and baggage handling systems in the domestic terminals. The contract term is extended by one year, from October 1, 2021, through September 30, 2022.
New Business
The board adopted a resolution to authorize a lease extension for a homeless resource center on Capp Street.
The Board of Supervisors adopted Resolution No. 412-21 authorizing the Director of Property, on behalf of the Department of Homelessness and Supportive Housing, to exercise a lease extension option for the real property located at 165 Capp Street, with BC Capp, LLC. The property will continue to operate as a neighborhood drop-in and referral center and administrative offices serving people experiencing homelessness, for an approximately five-year term commencing on September 22, 2021, through September 30, 2026, at a monthly base rent of $22,557 for a total annual base rent of $270,685 with no rent payable for the month of October 2021.
New Business
The board adopted a resolution to approve a lease agreement with the Pilara Family Foundation for Pier 24 Annex.
The Board of Supervisors adopted Resolution No. 419-21 authorizing a new lease between the Port of San Francisco and the Pilara Family Foundation for the premises located at Pier 24 Annex on The Embarcadero. The term is approximately three years and ten months, commencing after Board approval, at a monthly rent of $92,857.40, with a monthly rent credit of $87,122.09 in respect of previously completed capital improvements to the property.
New Business
The board adopted a resolution to apply for a grant for the Balboa Reservoir Project.
The Board of Supervisors adopted Resolution No. 421-21 authorizing the Mayor’s Office of Housing and Community Development to apply for a grant under the Department of Housing and Community Development Infill Infrastructure Program for the Balboa Reservoir Project. The resolution also authorizes the City to assume liability for the project completion required by the grant terms and adopts findings under the California Environmental Quality Act.
New Business
The board moved to continue discussion on light rail vehicle procurement contract modification to the next meeting.
The Board of Supervisors discussed Resolution No. 210838, sponsored by the Mayor and others, regarding Modification No. 10 to Municipal Transportation Agency Contract No. 2013-19 with Siemens Mobility, Inc., to exercise an option to procure 30 additional light rail vehicles. Supervisor Preston moved to continue the resolution to the Board of Supervisors meeting of September 21, 2021, which was seconded by Supervisor Chan and approved with 8 ayes and 3 noes (Melgar, Safai, Stefani).
New Business
The board adopted a resolution to accept and expend a grant for the Permanent Local Housing Allocation Program.
The Board of Supervisors adopted Resolution No. 422-21 authorizing the Mayor’s Office of Housing and Community Development to execute annual Standard Agreements with the California Department of Housing and Community Development under the Permanent Local Housing Allocation Program for a total award of $52,308,210 for the period starting on the execution date of the Standard Agreements through June 30, 2030. MOHCD is also authorized to accept and expend the grant for programming approved by the California Department of Housing and Community Development.
New Business
The board adopted a resolution to accept and expend a grant for the Housing for Healthy California Program.
The Board of Supervisors adopted Resolution No. 423-21 authorizing the Mayor’s Office of Housing and Community Development to execute a Standard Agreement with the California Department of Housing and Community Development under the Housing for Healthy California Program for a total award of $6,798,810 for the period starting on the execution date of the Standard Agreement through June 30, 2024. MOHCD is also authorized to accept and expend the grant for programming approved by HCD.
Remarks
Recognition of Commendations will resume in October.
President Walton announced that the Recognition of Commendations portion of the regular agendas will be reinstated beginning at the October 5, 2021 Regular Meeting.
Committee Reports
The board passed on first reading an ordinance to amend planning codes relating to Residential Care Facilities.
The Board of Supervisors passed on first reading an ordinance (File No. 210535), sponsored by Supervisor Mandelman and others, amending the Planning Code to eliminate the requirement of Conditional Use Authorization for Residential Care Facilities for seven or more people in Residential, House (RH) Districts. It requires Conditional Use Authorization for a change of use or demolition of a Residential Care Facility and consideration of certain factors in determining whether to grant Conditional Use Authorization.
Public Testimony
Members of the public voiced concerns about homelessness, the Great Highway closure, School District elections, the Police Commission, firearms, library book tags, and compliance with Proposition 12.
Members of the public provided comments on various issues: Robert Meyers shared his experiences as a homeless person and difficulties contacting board members. One speaker supported Meyers and voiced concerns about the closure of the Great Highway. Eva Ting and Crystal Gwen expressed support for legislation to increase participation in School District elections. Jay Donde and Stephen Martinsen raised concerns about a member of the Police Commission and requested their removal. Josh Brach supported the Resolution urging compliance with Proposition 12. Peter Warfield expressed concern about tags in library books potentially endangering privacy. Barry Toronto spoke on neighborhood conditions and safety issues, and another speaker expressed concerns about firearms and treatment of the homeless.
Closed Session
The board convened in closed session regarding settlement of unlitigated claims against Wing Lok (“Walter”) Wong; W. Wong Construction, et al.
The Board convened in closed session to discuss the settlement of unlitigated claims against Wing Lok “Walter” Wong; W. Wong Construction; Alternate Choice, LLC; Jaidin Consulting Group, LLC; and Jaidin International Ventures, LLC, for payments and credits totaling $1,772,271.64 related to allegations of providing gifts to City officials in exchange for contracts and failure to report contacts and contributions. No action was taken during the closed session.
Committee of the Whole
The board adopted a resolution to approve settlement of unlitigated claims against Wing Lok (“Walter”) Wong; W. Wong Construction, et al.
The Board of Supervisors adopted Resolution No. 414-21 approving settlement of unlitigated claims against Wing Lok “Walter” Wong; W. Wong Construction; Alternate Choice, LLC; Jaidin Consulting Group, LLC; and Jaidin International Ventures, LLC, for payments and credits totaling $1,772,271.64 related to allegations of providing gifts to City officials in exchange for contracts and failure to report contacts and contributions. Other terms include that the Wong Parties will not do business with the City, including as permit expediters, for five years.
Committee of the Whole
The board adopted a resolution urging the California Supreme Court to Restore LGBTQ Anti-Discrimination Protections.
The Board of Supervisors adopted Resolution No. 424-21 urging the California Supreme Court to review the Third District Court of Appeals ruling in Taking Offense v. California and restore anti-discrimination protections for LGBTQ residents of long-term care facilities.
Committee of the Whole
The board adopted a resolution urging uniform standards for healthcare facilities to fulfill vaccine mandate.
The Board of Supervisors adopted Resolution No. 425-21 urging the Department of Public Health to set uniform standards for healthcare facilities to fulfill the California Department of Public Health order mandating vaccinations for health care staff, and for healthcare providers to provide support for their workers including on-site vaccinations and supplemental paid time off.
Committee of the Whole
The board adopted a resolution urging full compliance for California Proposition 12 - Prevention of Cruelty to Farm Animals.
The Board of Supervisors adopted Resolution No. 426-21 urging full compliance of California’s 2018 Proposition 12, the Prevention of Cruelty to Farm Animals; and urging compliance by January 1, 2022.
Committee of the Whole
The board adopted a resolution recognizing September 2021 as FemTruth Young Womxn’s Health Awareness Month.
The Board of Supervisors adopted Resolution No. 427-21 recognizing September 2021 as FemTruth Young Womxn’s Health Awareness Month.
Committee of the Whole
The board approved the reappointment of Ariel Earnhardt to the Bicycle Advisory Committee.
The Board of Supervisors approved Motion No. M21-126, appointing Ariel Earnhardt to the Bicycle Advisory Committee for a term ending November 19, 2022. Earnhardt succeeds Maelig Morvan, who resigned, and must be a nominee of the District 4 Supervisor.
Committee of the Whole
The board adopted a resolution recognizing Abortion as Healthcare - Condemning Texas Senate Bill 8.
The Board of Supervisors adopted Resolution No. 428-21 recognizing Abortion as Healthcare, objecting to Texas Senate Bill 8 and urging approaches that uplift autonomy for women and other birthing people; urging the Biden Administration and Congress to pass legislation protecting Reproductive Rights; and declaring the City and County of San Francisco a Champion of Reproductive Freedom and Justice.
Legislation Introduced
An ordinance to reauthorize non-United States citizen voting in elections for the Board of Education was introduced and assigned to the Rules Committee.
Supervisor Chan and others introduced an ordinance (File No. 210961) amending the Municipal Elections Code to reauthorize Non-United States citizen voting in elections for the Board of Education of the San Francisco Unified School District. The ordinance was assigned to the Rules Committee and expires on 10/14/2021.
Legislation Introduced
An emergency ordinance and a regular ordinance to extend temporary tenant protections due to COVID-19 were introduced.
Supervisor Preston and others introduced an emergency ordinance (File No. 210962) and a regular ordinance (File No. 210963) to extend the COVID-19 based limit on residential evictions. Both ordinances extend the protections, which allow evictions only for non-payment of rent or violence/health and safety issues, from September 30, 2021, through December 31, 2021. The emergency ordinance requires a two-thirds vote for passage. Both were assigned to the Land Use and Transportation Committee.
Legislation Introduced
A resolution of intention and a resolution authorizing preparation of an amended infrastructure financing plan for the Treasure Island district were introduced and assigned to the Government Audit and Oversight Committee.
The Mayor introduced Resolution No. 210964 and Resolution No. 210965 regarding the Treasure Island Infrastructure and Revitalization Financing District No. 1. Resolution No. 210964 is a resolution of intention to add territory to and amend the Infrastructure Financing Plan and project areas therein, and to call a public hearing. Resolution No. 210965 authorizes the Director of the Office of Public Finance to prepare an amended infrastructure financing plan. Both were assigned to the Government Audit and Oversight Committee.
Legislation Introduced
A resolution authorizing a sublease agreement for a Vehicle Triage Center at Candlestick Point State Recreation Area was introduced and assigned to the Budget and Finance Committee.
The Mayor and others introduced Resolution No. 210966 authorizing the Director of Property, on behalf of the Department of Homelessness and Supportive Housing, to enter into a sublease agreement for a Vehicle Triage Center at Candlestick Point State Recreation Area. The term is two years commencing on or about November 1, 2021, with rent paid through in-kind public services valued at $2,143,920. The resolution was assigned to the Budget and Finance Committee.
Legislation Introduced
A resolution authorizing the purchase of real property at 1321 Mission Street for homelessness and supportive housing was introduced and assigned to the Budget and Finance Committee.
The Mayor and others introduced Resolution No. 210967 authorizing the Director of Property to acquire property at 1321 Mission Street for $86,673,000 for homelessness and supportive housing purposes. The resolution also authorizes HSH to apply for the California Department of Housing and Community Development’s 2021 Homekey Grant Program. The resolution was assigned to the Budget and Finance Committee.
Legislation Introduced
Resolutions recognizing International Day of the Victims of Enforced Disappearances, supporting the Green New Deal for Public Schools Act, and recognizing Korean Chuseok Day were introduced for adoption without committee reference.
Supervisor Melgar and others introduced Resolution No. 210968 retroactively declaring August 30 as International Day of the Victims of Enforced Disappearances. Supervisor Ronen and others introduced Resolution No. 210969 supporting the Green New Deal for Public Schools Act of 2021. Supervisor Stefani and others introduced Resolution No. 210970 recognizing September 21, 2021, as Korean Chuseok Day. All three were referred for adoption without committee reference at the next board meeting.
Legislation Introduced
A motion reappointing Supervisor Myrna Melgar to the Association of Bay Area Governments Executive Board Regional Planning Committee was introduced and assigned to the Rules Committee.
A motion (File No. 210975) reappointing Supervisor Myrna Melgar to the Association of Bay Area Governments Executive Board Regional Planning Committee for a term ending September 23, 2023, was introduced and assigned to the Rules Committee.
Hearing
A hearing regarding Kaiser Permanente behavioral health services was requested and assigned to the Public Safety and Neighborhood Services Committee.
Supervisor Chan requested a hearing (File No. 210971) regarding the availability of behavioral health services provided by Kaiser Permanente in the San Francisco Bay Area and California. The request includes inquiring about patient wait times, efficacy of telehealth, and access to follow-up care, and requests a report from the Health Service System. The hearing was assigned to the Public Safety and Neighborhood Services Committee.
Hearing
A hearing to discuss the recent Planning Department reorganization and internal practices was requested and assigned to the Land Use and Transportation Committee.
Supervisor Peskin requested a hearing (File No. 210972) to discuss the recent reorganization and internal practices at the Planning Department, including those related to the Zoning Administrator and other department staff. The hearing was assigned to the Land Use and Transportation Committee.
Hearing
A hearing to receive community benefits updates for the 706 Mission PSA was requested and assigned to the Government Audit and Oversight Committee.
Supervisor Peskin requested a hearing (File No. 210973) to receive updates on the Developer Payments and funding streams required by the 706 Mission Purchase and Sale Agreement (PSA) and to present on legal use of funds, RFP timelines and fund balances. The Office of the City Administrator, Recreation and Parks Department, and Mayor’s Office of Housing and Community Development are requested to report. The hearing was assigned to the Government Audit and Oversight Committee.
Hearing
A hearing to discuss the status of Cannabis Equity Licenses and a possible 5-year moratorium was requested and assigned to the Public Safety and Neighborhood Services Committee.
Supervisor Safai requested a hearing (File No. 210974) to discuss the status of the number of Cannabis Equity Licenses that have been granted and the number of equity applicants currently awaiting approval. The hearing will also examine the number of equity applicants who presently own and operate a Cannabis dispensary and the possibility of proposing a five-year moratorium once the number of equity-owned dispensaries are adequately represented in the market. The Office of Cannabis and Office of Economic and Workforce Development are requested to report. The hearing was assigned to the Public Safety and Neighborhood Services Committee.